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(영문) 청주지방법원 2016.02.18 2015가합165

사해행위취소 등

Text

1. Defendant A Co., Ltd.: (a) for the Plaintiff KRW 529,00,000 and KRW 150,000 among them, from August 10, 2013 to KRW 30,000; (b) for the Plaintiff.

Reasons

1. Basic facts

A. On April 8, 2013, Defendant A purchased the instant real estate from the Plaintiff in KRW 1.2 billion, and agreed to the following purport regarding the payment method of the purchase price.

Defendant A shall take over the secured obligation of the right to collateral security established with respect to the instant real property and take over the sales remaining amount after deducting the amount of such obligation, as KRW 529 million, whichever is 150 million, until August 9, 2013; and ② KRW 300 million, among the sales remaining amount after deducting the amount of debt;

9. Each Plaintiff shall be paid KRW 79 million to October 3, 198, and each Plaintiff shall be paid damages for delay in addition to the annual rate of 24% if the obligation to pay the price is not fulfilled.

The Plaintiff, prior to the payment of the purchase price of Defendant A, completed the registration of ownership transfer under the name of Defendant A with respect to the instant real estate prior to the payment of the purchase price, but in order to secure the performance of the payment obligation, the Plaintiff would be subject to

B. In accordance with the above agreement, although the Plaintiff completed the registration of ownership transfer under Defendant A’s name on September 10, 2013 regarding the instant real estate on the ground of sale, Defendant A concluded a collateral security agreement with the Plaintiff on the same day without establishing a collateral security right or paying the purchase price, and completed the registration of ownership transfer in the name of Defendant K non-real estate trust, which was based on the trust.

[Ground for Recognition] Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act): The fact that there is no dispute, Gap evidence Nos. 1, 2, 6, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination on the main defense of the Defendant K non-real estate trust

A. As to the legitimacy of the instant lawsuit, the Plaintiff’s summary of Defendant 1’s non-real estate trust assertion is the debtor’s rehabilitation and rehabilitation.